TERMS AND CONDITIONS OF USE
Effective 08th July 2021
- NCERT JUNCTION, An Initiative For Digital Education having its registered office at Off. No. 4, 2nd Floor, A.K. Plaza, Jagat Farm, Greater Noida- 201310, Uttar Pradesh, India. (hereinafter referred to as “ NCERT JUNCTION“, “we“, “us“, or “ our“) provides online courses and conducts online classes, live demo, doubt clearing sessions for the students seeking to enrol for such courses (the “ Services“), which Services are accessible at www.ncertjunction.com and any other websites through which NCERT JUNCTION makes the Services available (collectively, the “Site “) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Applications“).
- By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“ Terms of Services” or “Terms”), whether or not you have registered with the Site and/or Application.
- Therefore, please read these Terms of service before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site, via the Application or through the Services, carefully as they contain important information regarding your legal rights, remedies and obligations.
- If you do not agree to these Terms, then you have no right to access or use the Site, Application, Services, or Collective Content (as defined below).
- If you are using the Site, Application or Services then these Terms of Service are binding between you and NCERT JUNCTION.
In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:
- “Courses” means educational courses listed on the Site or Application.
- “Course Fees” means the amounts that are due and payable by a Student for enrolment of Course.
- “Collective Content” means Member Content and NCERT JUNCTION Content.
- “Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
- “Listing” means Courses that are listed by NCERT JUNCTION as available via the Site, Application, and Services.
- “Member” means a person, who completes NCERT JUNCTION’s account registration process, including but not limited to Teachers and Students, as described under “Account Registration ” in Clause 7 below.
- “Member Content ” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or NCERT JUNCTION promotional campaign to be made available through the Site, Application or Services.
- “Payment Method” means a payment method that you have added to your NCERT JUNCTION Account, such as a credit card, debit card or net banking.
- “Student ” means a Member who enrols for Courses on Application or Site, in case of minor student the parent or guardian who enrol their child or ward for the Courses on Application or Site.
- “Tax” or “Taxes ” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that NCERT JUNCTION may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
- “Teacher” means a Member who has been selected by NCERT JUNCTION in order to provide services through the Site or Application
- “NCERT JUNCTION Content ” means all Content that NCERT JUNCTION makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.
Terms of Service
- By using the Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above), and constitute a binding legal agreement between you and NCERT JUNCTION. The user further accepts to allow NCERT JUNCTION Innovations Private Limited to reach them through call for providing existing services and for providing information on new products and services and will not be subject to DND regulations for such calls.
- In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
- If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.
- The Site, Application and Services comprise an online platform which creates Listings for Courses and Students may learn about and enrol for the course directly through the Site and Application.
- You acknowledge and agree that, by accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site or via the Application, you are indicating that you have read, and that you understand and agree to be bound by these Terms and receive our Services, whether or not you have registered with the Site and Application. If you do not agree to these terms, then you have no right to access or use the Site, Application, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
GDPR COMPLIANCE STATEMENT
NCERT JUNCTION respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:
- Consent: We explain what you’re consenting to clearly and without ‘legalese’, and ask that you explicitly consent to contact from us.
- Breach Notification: In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.
- Right to Access: Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.
- Right to be Forgotten: Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.
- Data Portability: We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine readable format’ and you have the right to transmit that data to another ‘controller’.
- Privacy by Design: We implement appropriate technical and organisational measures, in an effective way and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enroll in courses that are appropriate for you. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by Ncert Junction for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.
Usage of Site, Application or Services
- The Site, Application and Services can be used to facilitate the Students to enroll for Courses. Such Courses are included in Listings on the Site, Application and Services by Ncert Junction. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enroll for the Courses, you must first register to create a Ncert Junction Account.
- NCERT JUNCTION makes available an online platform which provides various online Courses for the Students. Unless explicitly specified otherwise in the Ncert Junction platform, Ncert Junction’s responsibilities are limited to facilitating the availability of the Courses through the Site, Application and Services.
- In order to access certain features of the Site and Application, and to enrol for Courses, you must register to create an account (“NCERT JUNCTION Account “) and become a Member. You may register to join the Services directly via the Site as described in this section. A Teacher is also registered and an account (“ NCERT JUNCTION Account”) created once through our website (www.ncertjunction.com). Both (Student and Tutor) have to fill details through following given section on our site. Registration form build by Google Forms and information filled by both store in our Gmail account.
- Your NCERT JUNCTION Account will be created for our use of the Site based upon the personal information you provide to us or that we obtain via an Social Networking Sites (SNS). You may not have more than one (1) active NCERT JUNCTION Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Ncert Junction reserves the right to suspend or terminate your Ncert Junction Account and your access to the Site, Application and Services if you create more than one (1) Ncert Junction Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
- NCERT JUNCTION will create Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings.
- Students will be able to view Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students’ search parameters and preferences. We understand and agree that once a Student requests enrolment for Course, We may not request the Student to pay a higher price than that mentioned in the Site or Application.
- Please note that NCERT JUNCTION assumes no responsibility for a Student’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. NCERT JUNCTION reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that NCERT JUNCTION, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or NCERT JUNCTION’s then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
- If you are a Teacher, you understand and agree that your relationship with NCERT JUNCTION is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint- venture or partner of NCERT JUNCTION for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of NCERT JUNCTION. NCERT JUNCTION does not control, your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of NCERT JUNCTION, including by inappropriately using any NCERT JUNCTION intellectual property.
- When you enroll for a Course, you will also be required to upload certain information, such as, uploading a profile picture or verifying phone number. Any Member wishing to enroll for any of the Courses must meet these requirements.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from NCERT JUNCTION with respect to such actions or omissions.
- If an enrolment is requested for any Course via the Site, Application or Services, We will either pre-approve, confirm or reject the enrolment request within the period of 7 days from the date of request for enrolment (‘ Enrolment Request Period’ ), otherwise the enrolment request will automatically expire. If We are unable to confirm or decide to reject an enrolment request within the Enrolment Request Period, any amounts collected by NCERT JUNCTION for the requested enrolment will be refunded to the concerned Student. When We confirm an enrolment requested by a Student, NCERT JUNCTION will send the Student an email, text message or message via e-mail and the Application confirming such enrolment, depending on the selections you make via the Site, Application and Services.
- The Course Fees payable will be displayed to the Student before the Student sends an enrolment request to NCERT JUNCTION. Upon receipt of the Students enrolment request, NCERT JUNCTION may initiate a pre-authorization and/or charge a nominal amount to Student’s Payment Method pursuant to the Payments Terms. If a requested enrolment is cancelled (before any tuitions are provided), any amounts collected by NCERT JUNCTION will be refunded to such Student, depending on the selections the Student makes via the Site and Application, and any pre-authorization of Student’s Payment Method will be released, if applicable.
- NCERT JUNCTION will collect the Course Fees from Students at the time of the enrolment request.
- NCERT JUNCTION agrees that no refund will be permitted in respect of tuitions already provided and in accordance with the cancellation policy reflected in the relevant Listing, (i) permit the Student to cancel the enrolment and (ii) refund to the Student that portion of the Course Fees specified in the applicable cancellation policy. In case relevant Listing does not have a specified cancellation policy, the refund amount would be pro-rata to the unconsumed portion of the tuition.
- You agree that NCERT JUNCTION through its Site or Application would raise system generated invoice to the Student in relation to the Course for which the Student has enrolled or in relation to any kind of payment done, as per applicable laws. NCERT JUNCTION will raise invoice for the above which shall be inclusive of all applicable Taxes.
- You as a Student agree to pay the Course Fees for any enrolment requested, in connection with your NCERT JUNCTION Account. NCERT JUNCTION will collect the Course Fees pursuant to the Payments Terms.
- Once you’re confirmed enrolment transaction is complete you will receive a confirmation email summarizing your confirmed enrolment.
Cancellations and Refunds
- If, as a Student, you wish to cancel a confirmed enrolment made via the Site or the Application, after enrolment to the Course, the cancellation policy contained in the applicable Listing will apply to such cancellation provided that no refund will be made in respect of tuitions already provided. Our ability to refund the Course Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy and financial charges applicable in case of course payment through No Cost EMI options. Details regarding refunds and cancellation policies are available via the Site and Application. NCERT JUNCTION will initiate any refunds due pursuant to the Payments Terms. Please refer to the Refunds section of FAQs for latest updated terms and conditions for various categories of listings/courses.
- If We cancel a confirmed enrolment made via the Site, Services, and Application, (i) NCERT JUNCTION will refund the Course Fees paid by the Student for such enrolment to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.
You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority “) where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by NCERT JUNCTION.
- You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
- violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies NCERT JUNCTION endorsement, partnership or otherwise misleads others as to your affiliation with NCERT JUNCTION;
- dilute, tarnish or otherwise harm the NCERT JUNCTION brand in any way, including through unauthorized use of Collective Content, registering and/or using NCERT JUNCTION or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to NCERT JUNCTION domains, trademarks, taglines, promotional campaigns or Collective Content;
- copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
- infringe the rights of NCERT JUNCTION or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
- interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam “) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an NCERT JUNCTION Student;
- register for more than one NCERT JUNCTION Account or register for an NCERT JUNCTION Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
- contact another Member for any purpose other than asking a question related to an Enrolment, Course, Listing, or the Member’s use of the Site, Application and Services;
- recruit or otherwise solicit any Member to join third-party services or websites that are competitive to NCERT JUNCTION, without NCERT JUNCTION’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
- use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of Course independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to NCERT JUNCTION’s provision of the Services or for any other reasons;
- violate these Terms or NCERT JUNCTION’s then-current Policies and or Standards;
- engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, NCERT JUNCTION’s name, any NCERT JUNCTION trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without NCERT JUNCTION’s express written consent;
- access, tamper with, or use non-public areas of the Site, Application or Services, NCERT JUNCTION’s computer systems, or the technical delivery systems of NCERT JUNCTION’s providers;
- attempt to probe, scan, or test the vulnerability of any NCERT JUNCTION system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by NCERT JUNCTION or any of NCERT JUNCTION’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for Course Fees outside NCERT JUNCTION. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold NCERT JUNCTION harmless from any liability for such payment.
- NCERT JUNCTION has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, NCERT JUNCTION may take a range of actions against you, including but not limited to deactivating or cancelling NCERT JUNCTION Account, for a violation of this Section or these Terms.
- NCERT JUNCTION may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against NCERT JUNCTION or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of NCERT JUNCTION, its users, or members of the public.
- You acknowledge that NCERT JUNCTION has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
- NCERT JUNCTION reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that NCERT JUNCTION, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
Child Safety Policy
This policy is applicable to all persons and organizations associated with NCERT JUNCTION, referred to as NCERT JUNCTION’s Stakeholders, including:
- Employees of NCERT JUNCTION, who maybe full-time or part-time employees, permanent or temporary employee, regular permanent employee or employed on contract
- Organizations and persons belonging to that organization, who may partner and/ or work with NCERT JUNCTION in any capacity, even for a limited time period or job.
- Volunteers who may work with NCERT JUNCTION, in whichever capacity, even for a limited period of time.
- Children enrolled as students of NCERT JUNCTION and their parents or guardians who associate with the child in the official records of NCERT JUNCTION.
- Children who may not be enrolled but are reached out through marketing or sales of the product and their parents or guardians who associate with the Child
- Any other person or organisations who may be officially associated with NCERT JUNCTION and its ambit of work and activity.
In instances and circumstances where NCERT JUNCTION may not have required control over the person alleged of any concern under this policy, including an instance of child abuse, NCERT JUNCTION shall provide the required cooperation, assistance and support to such parent or guardian of the affected child, in approaching any external, legal mechanism including the Police and/or the Courts, though NCERT JUNCTION is itself not personally liable in such instances.
NCERT JUNCTION expects all its stakeholders falling within the scope of this policy [Part A (II)] to adhere to the following child safety code of conduct :
- Expected Behaviour and Actions
- Listen to the child and, their views and opinions
- Have a non-judgmental attitude
- Treat every child with empathy and respect regardless of his/her race, colour, gender, sexuality, religion, language, heritage, religious belief, social origin, or any point that discriminated a child.
- Use appropriate language, behaviours while interacting with the child.
- Use appropriate language, behaviours in any online medium used by the organisation to communicate or engage with children.
- Create an environment that enables children to share and express freely.
- Always take permission and written consent from guardian before taking photos or videos of a child.
- Keep all personal information of children, their parents and guardians confidential and secure, such information shall only be shared with authorised individuals.
- The live online classes and the content, including but not limited to audio visual content is age appropriate and culturally appropriate.
- Prohibited Behaviours and Actions
- Do not develop, induce or support any emotional, online/offline physical abuse or sexual relationship with children in any way
- Do not use or encourage the use of alcohol, drugs, cigarettes or other intoxicating substance in any of your interaction with children
- Do not develop any form of relationship or arrangement with children including but not limited to financial, which could be deemed to be exploitative or abusive
- Do not share with or show children online/offline any inappropriate content including pornographic material or material that encourages crime, violence, racism, sexism, self-harm, suicide, cruelty
- Do not use language or behaviour towards children that is inappropriate, harassing, abusive, sexually provocative, demeaning, intimidating, discriminatory, or culturally insensitive
If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to NCERT JUNCTION by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.